Kluwer Copyright Blog

MAY 3, 2022

The University of Cyprus, together with the Horizon 2020 project reCreating Europe , funded by the European Commission, is conveying the conference “Rethinking copyright flexibilities”. We welcome contributions that address the following topics in an EU and comparative perspective: copyright exceptions and limitations.

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Copyright Intellectual Property Law Public Domain Intellectual Property 98

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. public domain.

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IP Tech Blog

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software.

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Copyright Public Domain Copying Litigation 57

Plagiarism Today

DECEMBER 15, 2021

So let’s sit back, relax and enjoy ten Christmas copyright tales from years gone by. 1: It’s a Wonderful (Copyright) Life. Copyright is the reason. 2: Copyright, Royalties and Christmas Music. 2: Copyright, Royalties and Christmas Music. 4: 5 Christmas Copyright Myths.

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Copyright Public Domain Plagiarism Music 63

Michael Geist

FEBRUARY 24, 2023

Canadian copyright lobby groups effort to persuade the government to restrict fair dealing has often focused on a particular use case: the course pack. Copyright lobby groups and their supporters have long claimed that the practice relies on fair dealing and that universities are profiting from copying without compensation.

Higher Education 57

Higher Education Copyright Copying Journalism 57

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. says the author.

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LexBlog IP

MAY 18, 2023

In a case that could have some lasting impact, the Federal Circuit recently affirmed a 2020 ruling by Judge Rodney Gilstrap in the Eastern District of Texas dismissing claims that a competitor infringed non-literal elements of the plaintiff’s software. Because SAS failed to do so, Judge Gilstrap dismissed SAS’s claim.

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Copyright Public Domain Copying Litigation 52

CopyrightsWorld

APRIL 29, 2022

The US Copyright Office has determined that some AI artworks cannot be copyrighted in the United States. Last Monday, the Copyright Office issued a fresh ruling rejecting a request to copyright an AI-generated artwork. “Visions of a Dying Brain” created by AI. says the author.

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Copyright Artwork Public Domain Copyright Law 98

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability.

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Copyright Ownership Publishing Copyright Infringement 95

IPilogue

JANUARY 20, 2022

In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. Many museums have made high-resolution images of their collections available online, including the Victoria and Albert Museum, whose online portal hit a record-high level of audience engagement in 2020. and the U.S. New York art attorney Amelia K.

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SpicyIP

FEBRUARY 9, 2023

One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B.

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TorrentFreak

FEBRUARY 16, 2022

Late 2020, Senator Thom Tillis released a discussion draft of the “Digital Copyright Act” (DCA), which aims to be a successor to the current DMCA. This is a sensitive subject that previously generated quite a bit of pushback when the EU drafted its Copyright Directive.

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Copyright Fair Use Copyright Infringement Public Domain 101

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. The Copyrights Act of 1957 regulates copyright law in India.

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Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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Music Copyright Derivative Work Ownership 62

IPilogue

MAY 6, 2022

Dua Lipa’s 2020 pop hit “Levitating” is facing copyright infringement lawsuits as of March 2022. Copyright infringement proceedings are the best course of action for instances of song stealing, but are often expensive and difficult to win, as a complainant must demonstrate more than ‘alike sounds’ or ‘similar vibes’.

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Music Copyright Infringement Copying Public Domain 118

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Google, Inc.

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IPilogue

SEPTEMBER 9, 2022

Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. . Photo retrieved from Tubefilter.

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Trademark Public Domain Television Fair Use 105

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. WPL , the Federal Circuit squarely addressed the copyrightability question.

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Copyright Copying Copyright Infringement Fair Use 58

43(B)log

FEBRUARY 19, 2022

Copyright Law Why are we so sure facts are excluded from the statute when the statute doesn’t use that word and uses a lot of other words. Harper & Row is cited by Feist to reiterate that selection coordination and arrangements of facts can be copyrightable. Review board 1995-2020: same basic story. What are the rejections?

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Copyright Moral Rights Artwork Art 59

Copyright Lately

SEPTEMBER 8, 2024

Internet Archive (read the opinion here) , the court dealt a decisive blow to the Internet Archive, ruling that its practice of scanning and lending digital copies of books doesn’t qualify as fair use under the Copyright Act. million additional books protected by valid copyrights. At least, that was the idea. It also includes 3.6

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Publishing Copying Fair Use Licensing 93

TorrentFreak

SEPTEMBER 5, 2023

History has shown that copyright holders tend to be wary of new technologies that disrupt the status quo. From the printing press, through cassette tapes, to online video streaming services, all were seen as major threats to the revenues of copyright holders at some point. ” another question reads.

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Government Copyright Public Domain Publishing 90

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. Making AI as a separate legal entity may prompt to copyright infringement to those who provide the said data or information in public domain.

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Ownership Moral Rights Public Domain Intellectual Property 75

IP Whiteboard

JULY 19, 2020

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. What was copyrighted?

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Copyright Law Government Public Domain 52

TorrentFreak

AUGUST 7, 2023

With no announcements from Sky or the Premier League, and the associated court orders not yet in the public domain, the scope of the Sky order remains unclear. An order covering the 2019/2020 season ran out on July 27, 2020 , but was quickly followed by a “sealed order” covering the 2020/2021 season.

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Branding Brands Branding Public Domain 83

Kluwer Copyright Blog

JULY 14, 2023

Context Copyright can be challenging for cultural institutions (or “GLAM“ for Galleries, Libraries, Archives and Museums) when pursuing digitization and dissemination activities, as copyright governs whether a given work can be used and if so, how (as shown in recent studies for museums , archives or libraries ). Proposal 1.

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Database Right Licensing Public Domain Artwork 52

Plagiarism Today

JANUARY 3, 2022

To that end, 2022 is looking to be a major year for copyright in a myriad of ways. But that raises the question, with the new year what are just a handful of the major copyright stories on the horizon. While there are far too many for any single list, here are 5 copyright stories that you should definitely watch in 2022.

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Copyright Public Domain Registration Social Media 249

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. This suggests that ML algorithms may increasingly be employed for copyright content moderation given their alleged superiority in identifying (understanding?) often requires authorization under EU copyright law.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). ” In re Jackson , 972 F.3d 3d 25 (2d Cir.

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Patent Law Law Patent Invention 91

TorrentFreak

JANUARY 19, 2022

Breyer notes that, in 2020, the public domain library Project Gutenberg was blocked in its entirety in Italy because some content allegedly violated local laws. From: TF , for the latest news on copyright battles, piracy and more. ” This type of collateral damage is not just hypothetical. Borderless Backbone.

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Privacy Government Public Domain IP 145

Selvam & Selvam Blog

NOVEMBER 18, 2022

In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.

Intellectual Property 52

Intellectual Property IP Intellectual Property Law Public Domain 52

JIPEL Copyright Blog

APRIL 13, 2022

On December 22, 2020, Senator Thom Tillis released the first discussion draft of the Digital Copyright Act of 2021 (“DCA” or the “Act”): an amendment to the Digital Millennium Copyright Act (“DMCA”). First, “lowering the specificity with which copyright owners must identify infringing material in certain circumstances.”

Copyright 40

Copyright Public Domain Fair Use Ownership 40

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Registration Fair Use Copyright Design 108

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. Photo by Rock’n Roll Monkey on Unsplash.

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IP and Legal Filings

MARCH 29, 2022

There are different legislations and acts such as the Patents (Amendment) Act 2005, Copyright (Amendment) Act 1999, The Trademark Act 1999, The Designs Act 2005, and many more to regulate and protect India’s intellectual property rights. Software and text-based HTML code used on websites may be protected by copyrights or patents.

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The TTABlog

NOVEMBER 8, 2021

The Board disagreed, observing that "[c]onsumers, like competitors, may have a real interest in keeping merely descriptive or generic words in the public domain." Corcamore , 2020 USPQ2d 11277, at *6-7; cf. Text Copyright John L. Rebecca Curtin v. United Trademark Holdings, Inc. Opposition No. Welch 2021.

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Public Domain Registration Trademark Law 52

IP and Legal Filings

SEPTEMBER 13, 2022

Union of India and Others [2019 SCC OnLine Del 11867 : (2020) 81 PTC 489] its was rightfully observed in para 10 that : “In today’s digital world, when most inventions are based on computer programs, it would be retrograde to take a view that all such inventions would not be patentable. Should you go for Patents or Copyrights?

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